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The Nizar vs. Zambry case is being heard at the Court of Appeal today. What will the judges' verdict be?

Let's take a look at the prevailing factors before you take a confidence test on the Judiciary.

1. The court proceeding

The Court is to hear Mohammad Nizar Jamaluddin's application to set aside the stay of execution order obtained by his rival Zambry Abd Kadir against a High Court ruling which had declared Nizar as the legitimate menteri besar of Perak.

However, lawyers of both parties agreed that Zambry's appeal proper -- to overturn the High Court verdict that declared Nizar the lawful MB -- will be first heard. If, at the end of the hearing, the Court could not make a decision, the Nizar's application set aside the stay would have to be heard immediately thereafter.

On May 11, the Kuala Lumpur High Court presided by Justice Abdul Aziz Abdul Rahim ruled that Nizar was the rightful menteri besar as the state assembly had not moved for a vote of no-confidence to remove him.

The following day, Zambry filed an appeal and obtained a stay order from Court of Appeal judge Ramly Ali who had sat as a 1-judge panel. It took merely three hours for the appeal to be filed, heard, and disposed.

Subsequently, on May 13, Nizar filed his own application to set aside the stay order granted to Zambry. It took eight calendar days versus Zambry's three hours for his appeal to be heard.

2. Panel of Judges

Malaysiakini reported that Nizar did not get a 5-member panel to hear his application at the Court today. It was said that his letter to request the 5-member panel did not reach the Court of Appeal president Alauddin Md Sheriff on time.

As such, the Court of Appeal convened this morning with a 3-member panel, comprising Justices Md Raus Sharif, Zainun Ali and Ahmad Maarop.

Nizar had also requested that the matter was heard by a 5-member Court of Appeal panel, instead of the usual three, as it was a matter of public interest and touched on constitutional issues.

3. The legal teams

Nizar's legal team is represented by Hj Sulaiman Abdullah, Philip Koh, Chan Kok Keong, Ranjit Singh, Razlan, Hanipa, Leong Cheok Keng, Edmund Bon and Zulqarnain.

Whereas, Zambry's team is represented by Cecil Abraham, Rishwant Singh and Farah.

The intervener is represented by the Gani Patil, the Attorney-General, himself, alongside public prosecutors Tun Majid, and Azizah Nawawi, among others.

Incidentally, Cecil and Abraham are also the same counsels who represent the NSTP & Others to sue bloggers Rocky's Bru and Jeff Ooi.

4. The Unknown, Unknown Known, Known Unknown & Unknown Unknown

The Poetry of Donald Rumsfeld? Let the online journalists, bloggers and politicians find that out later.

5. The expectation

The Court of Appeal is expected to take some days of hearing to make a ruling on both the matters before it, reported Malaysiakini.

Hold your breath.

UPDATES: Kit Siang (see TwitPic here), Malaysian Insider and Star reporter Yeng Ai Chun are providing Twitter updates on the court proceeding.